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1 These regulations may be cited as the "Sulphide Bearing Material Disposal
Regulations".

Definitions

2 In these regulations

(a) "Act" means the Environment Act;

(b) "Administrator" means a person appointed by the Minister pursuant to
these regulations, and includes an acting Administrator;

(c) "aggregate" means all consolidated and unconsolidated material
excluding minerals, gypsum or limestone for which a mining approval is
required under the Mineral Resources Act;

(d) "approved disposal site" means a disposal site that is designed to
prevent an adverse effect resulting from the disposal of sulphide bearing
material and is approved by the Minister or Administrator under these
regulations;

(e) "Department" means the Department of Environment;

(f) "developer" means a person who develops or proposes to develop land
that contains a sulphide bearing material and includes any agent or
contractor who works for the developer;

(g) "development" means any disturbance of land which contains a
sulphide bearing material;

(h) "disposal site" means a parcel of land used for the disposal of sulphide
bearing materials;

(i) "excavation" means the process used for the removal of a sulphide
bearing material by mechanical means;

(j) "excavation site" means the area or site where a sulphide bearing
material is removed by mechanical means;

(k) "impervious material" means a 750 mm layer of clay with a hydraulic
conductivity less than 1 x 10-6 cm/sec or any other material with an
equivalent hydraulic conductivity;

(l) "inspector" means a person appointed pursuant to Section 21 of the Act;

(m) "Minister" means the Minister of Environment;

(n) "site plan" means an accurate drawing of 1:2000 scale that includes

(i) a key map showing the location of the site,

(ii) the shape, dimensions, topography, size and type of geology of the
site,

(iii) any existing or proposed roads on the site,

(iv) the location of any watercourse or well on the site and separation
distances noted in Section 10, and

(v) the location of a centralized collection point and contours to
prevent ponding noted in Section 11;

(p) "watercourse" means a watercourse as defined in the Act.
[Note: the references to the Department in clauses (e) and (m) have been updated in accordance with Order in Council 2008-161 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2008.]

Administrator

3 The Minister may appoint an Administrator to administer these regulations.

Application of regulations

4 (1) Subject to subsection (2), no person shall dispose of a sulphide bearing
material in the Province where the total volume excavated is greater than
500 m3in situ or 1300 tonnes unless the person responsible for the disposal
holds a valid approval issued under these regulations.

(2) A developer of land which contains a sulphide bearing material shall ensure
that sulphide bearing material is disposed of at

(a) an approved disposal site owned and operated by the developer;

(b) an approved disposal site owned and operated by a person other than
the developer;

(c) a disposal site under the jurisdiction of the Government of Canada and
approved by the appropriate federal authority to receive a sulphide
bearing material, provided the evaluation, excavation and disposal of
the sulphide bearing material are conducted in a manner which is
consistent with Sections 6 to 11 of these regulations.

Exemptions

5 These regulations do not apply to

(a) an excavation site where less than 500 m3in situ or 1300 tonnes of
aggregate is to be removed unless the Administrator believes on
reasonable and probable grounds that an adverse effect may be caused
by the excavation;

(b) a sulphide bearing material where the arithmetic mean and the majority
of samples analyzed contain less than 0.4% sulphide by weight or
12.51 kg H2S04/tonne;

(c) a sulphide bearing material that is found not to be net acid producing
based on the test results provided under subsection 8(5);

(d) a pit which contains a sulphide bearing material and is used primarily as
an aggregate source, if the evaluation, excavation and disposal of the
sulphide bearing material are conducted in a manner that is consistent
with Sections 6 to 11 of these regulations; or

(e) any mining activities under approval or otherwise permitted by the
Department of Natural Resources, if the evaluation, excavation and
disposal of the sulphide bearing material are conducted in a manner that
is consistent with Sections 6 to 11.

Initial screening

6 (1) Where a developer of any proposed development knows or ought to know
that the proposed development will involve the physical disturbance or
disposition of aggregate in a measure greater than 500 m3in situ or 1300
tonnes and which contains a sulphide bearing material, the developer shall
immediately notify an Administrator of the proposed development.

(2) The developer identified in subsection (1) shall supply an Administrator with
a map number and grid reference (1:50 000 map series) that identifies the
location of the proposed development.

(3) An Administrator shall use information provided under subsection (2),
ground truthing or any other data to conduct an initial screening to determine
whether the land to be developed contains a sulphide bearing material.

(4) If an Administrator is satisfied that the land to be developed does not contain
a sulphide bearing material, the Administrator shall advise the developer.

(5) If an Administrator informs the developer that the Administrator is uncertain
on an initial screening whether the land to be developed contains a sulphide
bearing material, the developer shall provide the Administrator with the
analysis of the samples that are required to be taken under these regulations.

Sampling

7 (1) Unless exempted under Section 5, a developer shall

(a) have samples collected;

(b) take two samples that are representative of the lands to be developed for
each hectare or part thereof to be developed;

(c) analyze the samples collected under clause (b) as required in Section 8;
and

(d) send the results to the Administrator.

(2) A sample provided under subsection (1) may be taken by

(a) the test pit method at 0.5 m intervals for the first 2 m depth of sulphide
bearing material and thereafter at 1 m intervals to the depth of the
proposed excavation site;

(b) the core method with the sample being split along its axis half and the
core analyzed along its entire length; or

(c) the trenching method with the sample being analyzed along its entire
length.

(3) An Administrator or an inspector may require angled boring or a slight
modification to the procedures and frequencies prescribed in subsections (1)
and (2) based on bedding planes or any other relevant variables.

(4) The developer shall pay all costs of sampling and analysis required under
these regulations.

Analysis and evaluation

8 (1) Each sample gathered under Section 7 shall be analyzed to determine the
total sulphur and sulphate sulphur content.

(2) Sulphide sulphur content shall be determined by calculating the difference
between total sulphur and sulphate sulphur.

(4) Sample testing analysis under subsection (1) shall be conducted using test
methods approved in writing by an Administrator.

(5) No person shall fail to forward test results obtained under subsection (1) to an
Administrator before work commences on a development.

(6) Where test results indicate a sulphide bearing material, the developer may
have the sample reanalysed for net acid production by using the British
Columbia Research Confirmation Test (Duncan 1972) or by another test
approved in writing by an Administrator.

Excavation requirements

9 (1) No person shall excavate land that contains a sulphide bearing material
unless the following conditions are met:

(a) the removal of any vegetation or soil overlying aggregate is limited to
satisfy a construction or operational requirement;

(b) surface run-off is diverted away from the disturbed area where the
sulphide bearing material is exposed or will be exposed so that no
adverse effect is caused or may be caused;

(c) the volume of aggregate disturbed is minimized in all cases;

(d) excavated material is removed immediately and disposed of in
accordance with these regulations unless written approval is obtained
from the Administrator authorizing the temporary storage of the
material on the land for reuse;

(e) all construction activities are scheduled to minimize exposure time of
the sulphide bearing material; and

(f) run-off from the disturbed area is diverted to a centralized point before
leaving the property and, if required by a written direction made by the
Administrator, is monitored so that no adverse effect is caused or may
be caused.

(2) No person shall store or use a sulphide bearing material on or near an
excavation site without the written approval of the Minister or an
Administrator.

Disposal of excavated sulphide bearing material

10 (1) Subject to Sections 4 and 5, no person shall dispose of a sulphide bearing
material other than at an approved disposal site.

(2) No disposal site shall be approved unless the disposal site is located

(a) a minimum distance of 60 m from a watercourse or well; or

(b) a minimum distance from a watercourse or well to be established by the
Minister where the Minister believes on reasonable and probable
grounds that the requirement set forth in clause (a) will not prevent an
adverse effect.

(3) No person shall dispose of a sulphide bearing material in marine waters
located within the jurisdiction of the Province unless the disposal is approved
by the Minister.

(4) No person shall dispose of a sulphide bearing material in fresh water.

Operation of a disposal site

11 An approved disposal site shall meet the following conditions of operation:

(a) effluent or runoff must be directed to a centralized collection point and
monitored for pH, aluminum, conductivity and other items detailed in
the approval;

(b) effluent from the centralized collection point must meet the following
criteria:

(i) pH >4.0,

(ii) aluminum <0.8 mg/l

(iii) conductivity <500 micromhos/cm;

(c) unless authorized in writing by the Administrator, the sulphide bearing
material must be covered with an impervious material no later than 30
days after the first load of sulphide bearing material is deposited on the
disposal site; and

(d) the disposal site surface must be contoured to prevent ponding.

Approval application information/approval

12 (1) The owner, operator, developer or person responsible for a disposal site shall
supply the following information to an Administrator when an application for
an approval is made:

(a) an estimate of the total volume of sulphide bearing material to be
deposited at the disposal site; and

(b) information, design and site plans showing how the owner, operator or
developer intends to address all items required under Sections 10 and 11
of these regulations and rehabilitate the site.

(2) The amount of security required for an approved disposal site shall be in the
amount of $25.00 per m3 of disposed sulphide bearing material.

(3) The form of security required under subsection (2) shall be as prescribed in
the Approvals Procedure Regulations.

(4) Upon receipt of the information required under subsection (1) and the
security required under subsection (2) and subject to the provisions of the
Approvals Procedure Regulations*, the Minister or Administrator may issue an
approval for a disposal site.
[*Effective January 22, 2013, the Approvals Procedure Regulations are replaced by the Approval and Notification Procedures Regulations, N.S. Reg. 17/2013 (O.I.C. 2013-18 dated January 22, 2013).]

Effective date

13 These regulations shall come into force on, from and after April 11, 1995.